Expungement of Criminal Records – General – Alaska
Sec. 12.62.180. Sealing of criminal justice information.
(a) Under this section, a criminal justice agency may seal only the information that the agency is responsible for maintaining.
(b) A person may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal such information about the person that, beyond a reasonable doubt, resulted from mistaken identity or false accusation. The decision of the head of the agency is the final administrative decision on the request.
(c) The person requesting that the information be sealed may appeal an adverse decision of the agency to the court under applicable rules of procedure for appealing the decision of an administrative agency. The appellant bears the burden on appeal of showing that the agency decision was clearly mistaken. An appeal filed under this subsection may not collaterally attack a court judgment or a decision by prison, probation, or parole authorities, or any other action that is or could have been subject to appeal, post-conviction relief, or other administrative remedy.
(d) A person about whom information is sealed under this section may deny the existence of the information and of an arrest, charge, conviction, or sentence shown in the information. Information that is sealed under this section may be provided to another person or agency only
(1) for record management purposes, including auditing;
(2) for criminal justice employment purposes;
(3) for review by the subject of the record;
(4) for research and statistical purposes;
(5) when necessary to prevent imminent harm to a person; or
(6) for a use authorized by statute or court order.
While there is a statutory authority providing for suspension of the imposition of sentences under AS 12.55.085, in Journey v. State, 895 P.2d 955 (Alaska 1995), the court held that “case law, the decisions of our sister states, and the application of traditional canons of statutory construction all lead to the conclusion that AS 12.55.085(e) does not authorize a court to expunge a defendant’s criminal record relating to the underlying conviction which is to be set aside.
Also, AS 47.10.090 provides that court shall keep all records, but may seal records of minor upon reaching the age of 18. However, sealed records may be made available or unsealed for good cause shown.
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